HomeMy WebLinkAbout028-2014RESOLUTION NO. 28-2014
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING
FINDINGS OF FACT, ADOPTING MITIGATION MEASURES AND A
MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING PRELIMINARY DEVELOPEMNT PLAN - REZONING
REQUEST LEG12 -0001, MAJOR SUBDIVISION REQUEST SD 9309,
FINAL DEVELOPMENT PLAN REQUEST DEV114 -0011
AND TREE REMOVAL REQUEST TR14 -0007
(APN: 208 - 160 -007 AND 008 - PODVA
PROPERTY - PONDEROSA HOMES)
WHEREAS, PONDEROSA HOMES (Applicant) and PODVA FAMILY TRUST
(Owners) have requested approval of a Preliminary Development Plan - Rezoning
request (LEG12- 0001), Major Subdivision request (SD 9309), Final Development Plan
request (DEV14- 0011), and Tree Removal request (TR14- 0007), on a 109 +/- acre site;
and
WHEREAS, the site is located in southwest Danville, at the terminus of Midland Way;
and
WHEREAS, the site is also identified as Assessor's Parcel Numbers 208 - 160 -007, 008;
and
WHEREAS, collectively, these approvals would: (1) rezone the property from A -2;
General Agricultural District to P -1; Planned Unit Development District; (2) approve the
subdivision of the 109 +/- acre site to create 20 lots and authorize the development of 20
single family residential units; (3) authorize the development of two of the 20 lots to
include a second dwelling unit; (4) approve project architectural design and
landscaping details, and; (5) authorize the removal of 14 Town - protected trees; and
WHEREAS, the Town of Danville P -1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to
approval of a Major Subdivision and /or Final Development Plan request; and
WHEREAS, approval of Preliminary Development Plan - Rezoning request LEG12-
0001 is provided for under Town Council Ordinance No. 2014 -02; and
WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of Town - protected trees; and
WHEREAS, the project's parkland dedication obligations have been satisfied through
the project's provision of adequate acreage of private and public open space and
recreational facilities; and
WHEREAS, the development applications were defined a "project" under the
California Environmental Quality Act (CEQA) and the Town of Danville determined
that preparation of an Environmental Impact Report (EIR) for the project would be
required; and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation
(NOP) on October 11, 2012, for a 30 -day review period ending on November 9, 2012,
soliciting guidance from the public and interested agencies on the scope and content of
the EIR; and
WHEREAS, the NOP was sent to the California State Clearinghouse and the EIR was
assigned the Clearinghouse Number 2012102028; and
WHEREAS, the Town of Danville held a publicly noticed scoping session on the EIR on
October 23, 2012; and
WHEREAS, the Town of Danville subsequently completed a Draft Environmental
Impact Report (Draft EIR) in accordance with CEQA; and
WHEREAS, on November 1, 2013, the Draft EIR was released by the Town of Danville .
to the public and interested agencies for a 45 -day review period, which ended on
December 15, 2013; and
WHEREAS, notice was mailed to approximately 140 addresses advising of the
availability of the Draft EIR for public review and of the public hearing to allow
comments on the Draft EIR which occurred on November 26, 2013; and
WHEREAS, the Town of Danville prepared a Final Environmental Impact Report (Final
EIR) and released it to the public and interested agencies on February 28, 2014; and
WHEREAS, on March 11, 2014, the Planning Commission held a public hearing to
consider the Final EIR and the development application; and
WHEREAS, at that meeting, the Planning Commission adopted Planning Commission
Resolution No. 2014 -04 recommending that the Town Council certify the Final EIR and
approving the development applications; and
WHEREAS, on April 1, 2014, the Danville Town Council held a public hearing to
consider the Final EIR and development application; and
PAGE 2 OF RESOLUTION NO. 28-2014
WHEREAS, an administrative staff report was submitted recommending that the Town
Council certify the Final EIR, adopt findings of fact, mitigation measures and a
Mitigation Monitoring and Reporting Program and approve the development
applications; and
WHEREAS, after the conclusion of the public hearings on the EIR and Project, the
Town Council determined that the Draft EIR and Final EIR (collectively, the EIR) has
been prepared in compliance with CEQA; and
WHEREAS, the Town Council reviewed and considered the information contained in
the EIR and the testimony presented at the public hearings prior to making a
recommendation on the Project; and
WHEREAS, the Town Council finds that the EIR reflects its independent judgment and
analysis; and
WHEREAS, the Town Council finds that all feasible mitigation measures were
considered and recommended for adoption; and
WHEREAS, prior to taking action, the Town Council declares that it has heard and
been presented with, reviewed, and considered all of the information and data in the
administrative record, including the EIR and other documentation relating to the Final
EIR and the development application; and
WHEREAS, the required CEQA Findings are attached to this Resolution as Exhibit 1;
now, therefore, be it
RESOLVED that the Town Council makes the following findings:
Section 1. The Town Council finds that the EIR has been prepared in compliance with
CEQA, and reflects the independent judgment and analysis of the Town of Danville.
Section 2. The Town Council declare that it has made a reasonable and good faith effort
to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potential negative impacts that may result from the development
application.
Section 3. The Town Council concurs with the CEQA Findings of Fact in Exhibit 1 to
this Resolution and incorporated herein by this reference.
PAGE 3 OF RESOLUTION NO. 28-2014
Section 4. The Town Council Certifies the EIR and approves the development
application.
Section 5. The Town Council authorizes that a Notice of Determination be filed within
five working days of approval of the development application.
and, be it further
RESOLVED, that the Town Council approve Preliminary Development Plan -
Rezoning request (LEG12- 0001), Major Subdivision request (SD 9309), Final
Development Plan request (DEV14- 0011), and Tree Removal request (TR14 -0007) per
the conditions contained herein, and makes the following findings in support of these
actions:
FINDINGS
PRELIMINARY DEVELOPMENT PLAN - REZONING
1. The rezoning of the site to P -1; Planned Unit Development District is consistent
with the Town of Danville 2010 General Plan. The General Plan contains policies
that encourage clustering of development on flatter portions of properties to
preserve open space and natural features. Danville 2010 General Plan Policies
1.07, 2.05, and 18.02 contain such provisions, with Policies 1.07 and 18.02
specifically identifying PUD or P -1 zoning as implementation measures. All three
of these policies are carried forward in the Danville 2030 General Plan, adopted
in March, 2013, with Policy 18.02 being renumbered 20.02.
2. The project site is identified as a Special Concern Area in the General Plan. The
text for the Special Concern Area of the Elworthy West /Podva (on pages 63 and
64 of the 2010 General Plan) includes the following relevant direction:
a. The open hillsides are an important resource for the Town of Danville,
providing a scenic backdrop for many neighborhoods and habitat for a
diverse array of wildlife.
b. Danville's primary goal in this area is to ensure that future development,
if and when approved, occurs with minimal visual impact and very little
change to the natural features that define this site.
C. The properties offer significant opportunities for connections between
Danville and the regional park system.
d. Opportunities for a limited number of residential development may be
appropriate on the flatter portions of the site.
PAGE 4 OF RESOLUTION NO. 28-2014
3. The Town further finds that the rezoning for residential development is within
the maximum permitted density under the property's General Plan land use
designation.
4. The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts. The proposed infill
housing is an efficient development pattern consistent with surrounding
residential subdivisions and will add to existing infrastructure that services the
adjacent single family residential uses.
FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2010 General Plan and the site's Residential - Rural Residential
General Plan land use designation.
2. The design of the proposed subdivision is in conformance with the P -1; Planned
Unit Development District since the subject P -1; Planned Unit Development
District is customized to the subject Development Plan. The P -1; Planned Unit
Development District is listed as a consistent zoning designation under site's
Residential - Rural Residential General Plan land use designation. The P -1;
Planned Unit Development District is an appropriate zoning designation for
infill projects and lands designated as Special Concern Areas in the General Plan.
Additional detailed findings regarding P -1 zoning consistency can be found
under Preliminary Development Plan - Rezoning above.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
services will be available to the new parcels.
4. The site of the subdivision is physically suitable for the proposed density of
development. The proposed development of 20 lots on the 109 +/- acre site falls
within the allowable maximum unit count of 20, consistent with the site's
Danville 2010 General Plan land use designation of Residential - Rural
Residential.
5. The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat. The Environmental Impact Report (EIR) prepared for the project
found that, with implementation of recommended mitigation measures, the
project would have no significant negative impacts on the wildlife on site,
including California Red Legged Frogs, wetlands, trees and plant life.
PAGE 5 OF RESOLUTION NO. 28-2014
6. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision. There are currently no existing
public easements for access through or use of the subject properties. Through
project conditions of approval, the subdivision will offer new easements for
public access.
7. The project will not cause on -site flooding or add to existing downstream
flooding as detailed in the Hydraulic Report prepared for the project by Balance
Hydrologics, Inc.
TREE REMOVAL PERMIT
The project as proposed would remove 24 trees. Of the 24 trees to be removed, 14 have
been determined to be protected trees under the provision of the Town's Tree
Preservation Ordinance.
The findings below address only the 14 trees designated as protected under the Town's
Tree Preservation Ordinance. The EIR for the project analyzes the potential
environmental impacts of removing all trees, whether or not they are designated as
protected.
1. Necessity The primary reason for removal of the Town - protected trees is that
preservation of those trees would be inconsistent with the proposed residential
development of the property, including the creation of a new roadway system
and grading to create residential development pads.
2. Erosion/ surface water flow Removal of the Town - protected trees will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual effects With respect to other trees in the area, the project site contains a
significant number of additional trees, including additional Town - protected Oak
trees that would not be removed for the project. In addition, the project
proponent will be required to replace all Town - protected trees to be removed
with trees of an approved species and of a cumulative number and diameter
necessary to equal the diameter of the tree(s) which have been approved for
removal in accordance with the Town's Tree Preservation Ordinance. Tree
replacement will be conducted in accordance with the Town's requirements,
including planting a mixture of small and large box trees to meet the cumulative
diameter number of the removed trees. The project proponent will also be
PAGE 6 OF RESOLUTION NO. 28-2014
required to replace all non - ordinance - species or size trees (i.e., trees less than 10
inches in diameter for single -trunk trees or less than 20 inches in diameter for
multi -trunk trees) at a replacement -to- removal ratio of 1:1.
Removal of the 24 trees, including 14 Town - protected trees, will not significantly
affect off -site shade or adversely affect privacy between properties due to the
site's topography, the other trees that would remain, and the locations of the
trees in relation to other properties.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ( *) in the left -hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Environmental Impact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to
recordation of the final map for the project or the issuance of grading permits or
building permits (as determined appropriate by the Planning Division). Each item is
subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Preliminary Development Plan - Rezoning request
(LEG12- 0001), Major Subdivision request (SD 9309), Final Development
Plan request (DEV14- 0011), and Tree Removal request (TR14 -0007) which
would collectively serve to: (a) rezone the property from A -2; General
Agricultural District to P -1; Planned Unit Development District; (b)
approve the subdivision of the 109 +/- acre site to create 20 lots and
authorize the development of each lot with a single family residence; (c)
authorize two of the 20 lots (i.e.,10% of the lots) to include a second
dwelling unit; (d) approve the project architectural design and landscape
details, and; (e) authorize the removal of 14 Town - protected trees.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Development Plan Subdivision 9309 labeled "Planned
Development - Podva Property," consisting of a plot plan,
landscape plans and details, as prepared by Vandertoolen
Associates and Carlson, Barbee and Gibson, Inc. consisting of five
sheets and dated June, 2013.
PAGE 7 OF RESOLUTION NO. 28-2014
b. Vesting Tentative Map labeled "Subdivision 9309 Vesting Tentative
Map - Podva Property," including Site Plan, Grading and Utility
Plan, Cross Sections, Tree Exhibit, Storm Water Control Plan, and
Cut and Fill Exhibit, as prepared by Carlson, Barbee and Gibson
Inc., consisting of. seven sheets and dated February 28, 2014.
C. Architectural Plans labeled "Podva," consisting of floor plans,
elevations, roof plans, and details, as prepared by William
Hezmalhalch Architects, Inc. consisting of 41 sheets and dated
June, 2013.
d. Draft Environmental Impact Report as prepared by RBF Consulting
dated October, 2013, and Final Environmental Impact Report, as
prepared by RBF Consulting and dated March, 2014.
e. Preliminary Stormwater Control Plan, as prepared by Carlson,
Barbee, and Gibson, Inc. and dated October 30, 2013.
f. Truck Turn - Around Exhibit as prepared by Carlson, Barbee, and
Gibson, Inc. on file with the Planning Division and attached as an
exhibit to the Administrative Staff Report prepared for this project.
* 2. All Town and other related fees that the property may be subject to shall
be paid by the applicant. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid as listed below:
The following fees are due at final map approval:
a. Final Map Check Fee .......... ............................... $ 4,932.00
b. Base Map Revision Fee ...... ............................... $1,980.00
C. Improvement Plan Check Fee ......... 3% of cost estimate
d. Engineering Inspection Fee ............. 5% of cost estimate
d. Grading Plan Check, Permit & Inspection .............. TBD
e. Excavation Mitigation Fee (Flood Control)..$ 13,000.00
The following fees are due at Building Permit issuance for the above -
mentioned project:
a. Child Care Facilities Fee .. ............................... $ 355/ unit
b. Finish Grading Fee .............. ............................... $ 77/ unit
C. Storm Water Pollution Program Fee ............... $ 51 /unit
d. SCC Regional Fee ........... ............................... $1,252/ unit
e. Residential TIP Fee ........ ............................... $ 2,000/ unit
f. Tri- Valley Transportation Fee ..................... $ 2,313/ unit
PAGE 8 OF RESOLUTION NO. 28-2014
3. Prior to the recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $1,417.20 (six mailings at $120 + 140 notices @ $0.83 per notice due
per mailing).
* 4. Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of those respective
agencies.
* 5. The applicant shall submit to the Planning Division fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $3,029.75 In addition, the applicant shall pay a $50.00
administrative fee to cover the processing cost for the AB 3185 fee. Both
checks shall be made payable to the Contra Costa County Clerk and shall
be submitted to the Town within five days of project approval.
6. Prior to the issuance of Grading Permits, the applicant shall demonstrate to the
satisfaction of the City Engineer that a Project Grading Operations Plan will be
implemented that assures the following:
a. Construction operations will be limited to the hours of 7:30 a.m. to 5:30
p.m. Monday through Friday, unless otherwise approved in writing by the
City Engineer for general construction activity and the Chief Building
Official for building construction activity.
b. Construction contracts zvill specify that all construction equipment, fixed
or mobile, will be equipped u7ith properly operating and maintained
mufflers and other State required noise attenuation devices.
C. Construction noise reduction methods will be implemented, such as
shutting off idling equipment, maximizing the distance between
construction equipment staging areas and nearby occupied uses; housing
generators and compressors in acoustical enclosures, and making use of
electric air compressors and similar power tools, rather than using diesel
equipment.
d. During construction, stationary construction equipment will be placed
such that emitted noise is directed away from sensitive noise receptors.
e. All construction entrances will be clearly posted with construction hours,
allowable znorkdays, and the phone number of the job superintendent to
allow surrounding property owners the ability to contact the job
superintendent with project - related concerns.
f. Where the job superintendent receives a noise - related complaint, or is
PAGE 9 OF RESOLUTION NO. 28-2014
advised by the Tozan of their receipt of a noise- related complaint, the Town
shall be advised by the job superintendent of the corrective action taken
and a report indicating the action shall be provided to the reporting party
upon request.
* 7. Prior to any construction work on the site, including preliminary site
clearing or site grading, the applicant shall install a sign (minimum
dimensions of 3'x3') at the project entry which specifies the allowable
construction work days and hours and lists the company name, phone
number, and contact person for the overall project manager and for all
contractors and sub - contractors working on the job.
* 8. The applicant shall provide security fencing as determined necessary and,
to the satisfaction of the City Engineer and /or the Chief Building Official,
around the construction site during construction of the project.
* 9. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: (a) off -site improvements to be installed in
conjunction with each phase; (b) erosion control for undeveloped portions
of the site; (c) timing of delivery of emergency vehicle access connections;
and (d) phasing of project grading. No structure shall be occupied until
construction activity in the adjoining area is complete and the area is safe,
accessible, provided with all reasonably expected services and amenities,
and appropriately separated from remaining additional construction
activity. The phasing plan shall be subject to the review and approval of
the City Engineer and Chief of Planning.
* 10. The applicant shall prepare and submit a written Compliance Report,
signed by the applicant, detailing how the project will comply with each
applicable project condition of approval. A Compliance Report shall be
prepared and submitted with the initial submittals for the grading permit,
the final map, the project improvement plans, and for the building permit
submittal. Each Compliance Report submitted shall list each pertinent
condition of approval for that stage of development followed by a
description of what the applicant has provided as evidence of compliance
with that condition. Each Compliance Report submitted is subject to
review and approval by the City Engineer and /or the Chief of Planning
and /or the Chief Building Official, and may be rejected if it is not
comprehensive with respect to the applicable conditions of approval.
PAGE 10 OF RESOLUTION NO. 28-2014
* 11. Planning Division sign -off is required prior to final Building Inspection
sign -off for the initial residence completed in the project, for the tenth
residence completed in the project and for the final residence completed in
the project.
12. Prior to issuance of individual building permits, the applicant shall
document the project has made payment of applicable school impact fees
to the satisfaction of the San Ramon Valley Unified School District.
13. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated
with grading activity and installation of subdivision improvements. As
deemed necessary, following the Planning Division's review of the
specialist's assessment, the applicant shall develop and implement the
corresponding rodent control plan to reduce impacts to surrounding
properties to the extent reasonably possible for the time periods of heavy
construction activity. The report shall include a schedule for regular
rodent inspections and mitigation based on the development schedule for
the project. This rodent control plan is subject to review and approval by
the Planning Division.
14. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of each phase
of project mass grading activity. The residences to receive cleaning, the
extent of the cleaning efforts to be performed, and the timing (and
frequency) of such cleaning shall be subject to review and approval by the
Planning Division.
15. Prior to issuance of a grading permit, project grading plans, building plans, and
building specifications shall be prepared and submitted for review and approval
by the City Engineer and the Chief Building Official that stipulate that the
follozing basic construction mitigation measures will be implemented for project
construction activity:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded
areas, unpaved access roads, etc.) shall be zoatered u4th a minimum
frequency of tzt7o times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall
be covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be
removed using a7et power vacuum street sweepers, with a minimum
PAGE 11 OF RESOLUTION NO. 28-2014
frequency of at least once per day. [Note: The use of dry power sweeping
for this cleaning is expressly prohibited.]
d. All vehicle speeds on unpaved roads shall be limited to a maximum speed
of 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as reasonably feasible.
f. All building pads shall be laid as soon as reasonably feasible after grading
unless seeding or soil binders are used.
g. Idling times of construction equipment shall be minimized either by
shutting equipment off when not in use or by reducing the maximum
idling time to 5 minutes (as required by the California airborne toxics
control measure Title 13, Section 2485 of California Code of Regulations
[CCR]). Clear signage stating these operation standards shall be provided
by the applicant for construction workers at all project access points.
h. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All construction
equipment shall be checked by a certified visible emissions evaluator prior
to use on the project site.
i. Applicant shall post a publicly visible sign with the telephone numbers
and persons to contact both for the project superintendent and for the
Town of Danville regarding dust complaints. The project superintendent,
once advised of the dust complaint, shall respond and take corrective
action within 48 hours. The BAAQMD's phone number shall also be
visible to ensure compliance with applicable regulations.
16. Project demolition plans and specifications shall stipulate, to the satisfaction of
the Chief Building Official and prior to initiation of any demolition activities, that
such demolition activities will comply with BAAQMD Regulation 11, Rule 2:
Asbestos Demolition, Renovation, and Manufacturing.
17. Prior to initiation of each discrete phase of construction activity, the applicant
shall document to the satisfaction of the City Engineer and the Chief Building
Official that construction phases (e.g., grading, utility installation, paving,
building construction, etc.) do not overlap.
18. If subsurface deposits believed to be cultural or human in origin are discovered
during the construction of the project, all work shall halt within a 200 foot radius
of the discovery and a qualified archaeologist, meeting the Secretary of the
Interior's Qualification Standards for prehistoric and historic archaeologist, shall
be retained at the project applicant's expense to evaluate the significance of the
find. Work shall not continue at the discovery site until the archaeologist
PAGE 12 OF RESOLUTION NO. 28-2014
conducts sufficient research and data collection to make a determination that the
resource is either: (a) not cultural in origin, or, (b) not potentially significant or
eligible for listing on the National Register of Historic Places or the California
Register of Historical Resources.
If a potentially- eligible resource is encountered, then the archaeologist, lead
agency and project applicant shall arrange for either: (a) total avoidance of the
resource, if possible, or (b) test excavations to evaluate eligibility and, if eligible,
data recovery as mitigation. The determination shall be formally documented in
writing and submitted to the lead agency and filed with the Northwest
Information Center as verification that the provisions in this mitigation measure
have been met.
If human remains of any kind are found during construction activities, all
activities shall cease immediately and the Contra Costa County Coroner be
notified as required by state law (Section 7050.5 of the Health and Safety Code). If
the coroner determines the remains to be of Native American origin, he or she
shall notify the Native American Heritage Commission (NAHC). The NAHC
shall then identify the most likely descendant(s) (MLD) to be consulted regarding
treatment and /or reburial of the remains (Section 5097.98 of the Public Resources
Code). If an MLD cannot be identified, or the MLD fails to make a
recommendation regarding the treatment of the remains within 48 hours after
gaining access to the remains, the Town shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance. Work can continue once
the MLD's recommendations have been implemented or the remains have been
reburied if no agreement can be reached with the MLD (Section 5097.98 of the
Public Resources Code).
19. A paleontologist shall monitor initial project ground disturbing activities at or
below five feet from the original ground surface or at any direct exposure of
bedrock. A sample of alluvium below this soil layer depth shall be taken for
presence - absence testing of micro - vertebrate fossils. Subsequent to the initial
monitoring and sediment sampling, the paleontologist shall be allowed to
determine if further monitoring or periodic site review(s) are necessary or if no
further monitoring for paleontological resources is appropriate.
Paleontological monitors shall be empowered to halt construction activities at the
location of a discovery to review the possible paleontological material and to
protect the resource while it is being evaluated. Monitoring shall continue until,
in the paleontologist's judgment, paleontological resources are not likely to be
discovered.
PAGE 13 OF RESOLUTION NO. 28-2014
If paleontological resources are discovered during project activities, all work
within 25 feet of the discovery shall be redirected until the paleontological monitor
has assessed the situation and made recommendations regarding their treatment.
Adverse effects on paleontological resources shall be avoided by project
activi tiesu n less avoidance is determined to not be feasible. All paleontological
resources encountered shall be evaluated for their significance. If the resources are
determined to not be significant, avoidance is not necessary. If the resources are
determined to be significant, they shall be avoided to ensure no adverse effects, or
such effects shall be mitigated to the satisfaction of the paleontological monitor or
the Tou7n.
Where paleontological resources are discovered during project activities, a report
shall be prepared upon project completion documenting the methods and results of
monitoring. The report shall be submitted to the Northwest Information Center,
the Town of Danville, and the project applicant.
20. Prior to demolition activities, an asbestos survey shall be conducted by an
Asbestos Hazard Emergency Response Act (AHERA) and California Division of
Occupational Safety and Health (Cal /OSHA) certified building inspector to
determine the presence or absence of asbestos containing- materials (ACMs). If
ACMs are located, abatement of asbestos shall be completed prior to any activities
that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal
shall be performed by a State certified asbestos containment contractor in
accordance zvith the Bay Area Air Quality Management District (BAAQMD)
Regulation 11, Rule 2.
21. If paint is separated from building materials (chemically or physically) during
demolition of the structures, the paint waste shall be evaluated independently
from the building material for lead by a qualified Environmental Professional. If
lead -based paint is found, the applicant shall be responsible for abatement, zohich
shall be completed by a qualified Lead Specialist prior to any activities that would
create lead dust or fume hazard. Lead -based paint removal and disposal shall be
performed in accordance with California Code of Regulation Title 8, Section
1532.1, zohich specifies exposure limits, exposure monitoring and respiratory
protection, and mandates good worker practices by workers exposed to lead.
Contractors performing lead -based paint removal shall provide evidence of
abatement activities to the Town Engineer.
S. SITE PLANNING
1. All buildings shall be designed so that reflective surfaces are limited and
exterior lighting is down -lit and illuminates the intended area only.
PAGE 14 OF RESOLUTION NO. 28-2014
Building applications for new structures shall include an exterior lighting
plan subject to review and approval by the Planning Division that
includes the following requirements: (a) exterior lighting shall be
directional; (b) the source of directional lighting shall not be directly
visible; and (c) vegetative screening shall be installed, where appropriate.
* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any building.
3. Any on -site wells and septic systems shall be destroyed in accordance
with Contra Costa County Health Services Department - Environmental
Health Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained. Wells used for irrigation or
cattle may be retained subject to review and approval of the Contra Costa
County Health Services Department - Environmental Health Division and
the Planning Division.
4. Minimum setbacks for the primary residences for this development shall
be as shown on the approved plotting plans referenced under Condition
of Approval A.1.a, above. All future building additions and future
detached accessory structures shall be subject to the R -15; Single Family
Residential District development standards and the Single Family
Residential District Ordinance. Allowed uses and conditionally allowed
uses shall be as listed under the R -15; Single Family Residential District
Ordinance.
5. As part of the subject P -1; Planned Unit Development District, the
remaining approximately 99 acre undeveloped portions of the site, shown
as Parcels A, B, and C on the project Vesting Tentative Map, shall be
preserved as permanent open space, and shall be designated as such on
the final map for the project. In addition, the applicant shall dedicate to
the Town of Danville a Scenic Easement covering the undeveloped
portions of the project site. The scenic easement shall preclude any future
development on these portions of the project site.
6. With the recordation of the initial final map for the project, the applicant
shall make an offer of dedication (or shall make a prior or concurrent land
donation) to the East Bay Regional Park District (EBRPD), offering in
dedication the 95.6 +/- acre parcel identified as Parcel C on the project
Vesting Tentative Map referenced under Condition of Approval A.1.b.,
above.
PAGE 15 OF RESOLUTION NO. 28-2014
7. With the recordation of the initial final map for the project, the applicant
shall make an offer of dedication (or shall make a prior or concurrent land
donation) to the EBRPD of a recreational trail easement and an emergency
vehicle and maintenance access easement providing for public access to,
and maintenance of, the Las Trampas Regional Wilderness Area.
8. The applicant shall be responsible for the construction of a trail within the
trail easement described above in Condition of Approval B.7. The trail
shall be constructed to the EBRPD recreational trail and emergency
vehicle and maintenance access standards. The trail shall be equipped
with appropriate fencing, gates, informational signage and similar trail
improvements, as determined by the Town in consultation with the
District.
9. The applicant shall be responsible for the construction of appropriate
gates, fencing, and similar open space improvements on the parcel to be
offered in dedication to the EBRPD, as determined by the Town in
consultation with the District to meet the District's open space standards.
10. The applicant shall be responsible for the establishment of an appropriate
long term funding mechanism to cover expenditures for open space
maintenance. The mechanism selected shall be determined prior to
recordation of the initial final map for the project. The amount and form
of funding shall be as determined appropriate by the Town in
consultation with the EBRPD, and shall be consistent with the funding
needs shown to be necessary to maintain similar District open space
facilities and shall account for increases in costs associated with inflation.
11. The applicant shall record a deed notification to run with the title of the
lots created as part of this subdivision which notifies existing and future
property owners of the existence of the public trail connection within the
development and the right of the general public to take access to the
EBRPD Las Trampas Regional Wilderness Area via that trail connection
by walking through the residential project on designated sidewalk areas
and to park in designated project curbside parking that is to be identified
as being available to the public to access the trail connection.
12. Parcel 7 from the Preliminary Report by First American Title Company
dated 4/15/2011 (Order Number 0131- 617896ala) is a prescriptive
easement for "...limited vehicular access to repair a fence and to feed farm
animals." It extends across the Grisel property (APN 208 - 650 -024) at 263
PAGE 16 OF RESOLUTION NO. 28-2014
Montego Road. This easement will not be relevant or useful once the
subject property develops. As such, the owner shall quit claim this
easement prior to or concurrent with recordation of the final subdivision
map, as may be determined necessary by the Town.
13. The drainage easements that encumber the adjoining Plummer (APN 208-
361 -011), Raty (APN 208 - 303 -004), Daugherty (APN 208 - 303 -01), Peers
(APN 208 - 302 -021), Kolnes (APN 208 - 302 -011), Larson (APN 208 - 302 -010),
and Bender (APN 208 - 302 -009) parcels will no longer be needed once the
applicant constructs storm drain improvements along the subdivisions
eastern boundary. As such, the applicant shall prepare all necessary
documents that will allow the Town to quit claim all rights and interests
in these drainage easements, as determined necessary by the Town.
14. The responsibility to maintain the existing trash rack located to the south
of proposed Lot 4 shall be transferred either to the Geologic Hazard
Abatement District (GRAD), the project homeowners' association (HOA),
or other similar instrument found to be acceptable by the Town upon
recordation of the initial final map recorded for the property. The area to
the south of Lot 4 shall be configured to the satisfaction of the Engineering
Division to assure accommodation to stage the necessary maintenance
equipment and to make provision for the turnaround and departure of
equipment used to remove debris from the trash rack. The area shall be
graded as determined appropriate by the Town and shall have all- weather
surfacing (as generally shown on the exhibit referenced under Condition
of Approval A.11., above).
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board prior to
the final Town approval of the improvement plans for the project. The
plans shall include common names of all plant materials and shall indicate
the size that various plant materials will achieve within a five -year period
of time.
* 2. All plant material that is to be located in areas that will be the
responsibility of the project homeowners' association (HOA), the Geologic
Hazard Abatement District (GHAD), or other similar instrument found to
be acceptable by the Town shall be served by an automatic underground
irrigation system and shall be maintained in a healthy growing condition.
PAGE 17 OF RESOLUTION NO. 28-2014
* 3. All trees shall be a minimum of 15- gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project shall be 10 or
15- gallon container size shrubs.
* 4. All landscaped areas that are to be the responsibility of the HOA to
maintain, that are not covered by shrubs and trees, shall be planted with
live ground cover or covered with mulch. All proposed ground cover
shall be placed so that it fills in within two years.
* 5. If site construction activity occurs in the direct vicinity of onsite or offsite
protected trees which are not approved for removal, a security deposit in
the amount of the assessed value of the tree(s) (calculated pursuant to the
Town's Tree Protection Ordinance) shall be posted with the Town prior to
the issuance of a grading permit to maximize the probability that the
affected trees will be retained in good health. The applicant shall be
required to secure an appraisal of the condition and value of all such
potentially affected tree(s). The appraisal shall be done in accordance
with the current edition of the "Guide for Establishing Values of Trees and
Other Plants," by the Council of Tree and Landscape Appraisers under the
auspices of the International Society of Arboriculture. The appraisal shall
be performed by a Certified Arborist, and shall be subject to review and
approval by the Planning Division. A tree preservation agreement shall be
prepared and shall be submitted for review and approval by the Planning
Division that outlines the intended and allowed use of funds posted as the
tree preservation security deposit. That portion of the security deposit still
held by the Town two full growing seasons after project completion shall
be returned upon verification that the trees covered by the deposit are as
healthy as can be provided for under the terms of the approved tree
preservation agreement.
* 6. A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project.
7. All good neighbor fences shall be constructed of a solid design. Fences
shall be constructed of pressure treated Douglas Fir (or equivalent), shall
include minimum 2 "x8" kickboards, solid 2 "x4" top and bottom rails, and
2 "x2" nail strips at the top and bottom of the fence boards.
PAGE 18 OF RESOLUTION NO. 28-2014
8. The retaining wall with stone veneer shown on Sheet L -4 of the project
Landscape Plans (Section A -A) shall be designed to minimize its visibility,
subject to final review and approval by the Town and the Design Review
Board.
D. ARCHITECTURE
1. Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
2. All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures.
* 3. The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel. If the street numbers are less than four inches in height,
they shall be illuminated consistent with the requirements of the Uniform
Building Code.
* 4. Samples of final materials and the proposed color palette shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
5. If project entry signage for the development is desired, a Sign Review
permit shall be submitted to the Town for consideration under a separate
application prior to sign installation.
* 6. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
7. The residences shall be constructed using a high quality window
manufacturer, subject to review and approval by the Design Review
Board prior to issuance of building permits for the project.
PAGE 19 OF RESOLUTION NO. 28-2014
8. Hardy Plank Artisan series siding or a similar product shall be utilized for
the building siding, subject to review and approval by the Design Review
Board prior to issuance of building permits for the project.
E. BIOLOGICAL
1. Prior to the start of construction, a qualified biologist shall train appropriate
project construction staff regarding habitat sensitivity, identification of special
status species, and required practices. The training shall include the general
measures that are being implemented to conserve these species as they relate to the
project, the penalties for non - compliance, and the boundaries of the project area. A
fact sheet or other supporting materials containing this information shall be
prepared and distributed. Upon completion of training, employees shall sign a
form stating that they attended the training and understand all the conservation
and protection measures.
2. A qualified biologist shall survey the project site prior to, and be present to
monitor, construction activities during any initial ground disturbance or
vegetation clearing or other periods during construction, as necessary. The
biologist shall capture and relocate any California red - legged frogs (CRLF) that
are discovered during the surveys or construction monitoring. Any individual
CRLFs that are captured shall be held for the minimum amount of time necessary
to release them to suitable habitat outside of the work area.
3. A qualified biologist shall stake and flag construction exclusion zones around all
knozon locations of CRLF breeding and upland refuge areas in the construction
zone. These areas shall be avoided during construction activities to the maximum
extent practicable. All construction areas shall be flagged, and all activity shall be
confined to these areas.
4. If a CRLF is encountered during construction zaork, construction activities shall
cease until the animal is removed and relocated by a qualified biologist.
5. Unless otherwise authorized by the City Engineer, construction activities
involving site clearing and site grading shall be limited to the period from May 1
through October 31.
6. Permanent and temporary construction disturbances and other types of project -
related disturbances to CRLF habitat shall be minimized to the maximum extent
practicable and confined to the project site. To minimize temporary disturbances,
all project - related vehicle traffic shall be restricted to established roads,
construction areas, designated cross - country routes, and other designated areas.
PAGE 20 OF RESOLUTION NO. 28-2014
These areas shall also be included in preconstruction surveys and, to the
maximum extent possible, shall be established in locations disturbed by previous
activities to prevent further adverse effects. Sensitive habitat areas shall be
delineated with high visibility flagging or fencing to prevent encroachment of
construction personnel and equipment into the areas during project work
activities. At no time shall equipment or personnel be allowed to adversely affect
areas outside the project site without authorization from the U.S. Fish and
Wildlife Service.
7. Because dusk and dawn are often the times when CRLF are most actively foraging
and dispersing, all construction activities involving site clearing and site grading
shall cease one half hour before sunset and shall not begin prior to one half hour
before sunrise.
8. A Mitigation and Monitoring Plan shall be prepared for the explicit purpose of
providing appropriate ongoing management of the open space area. This plan
shall be submitted to the Planning and Engineering Divisions for review and
approval. At a minimum this plan shall:
a. Identify the location of the restoration efforts for replacing jurisdictional
waters. The replacement ratio for jurisdictional waters shall be at a
minimum of a 1:1 ratio.
b. Identify the approaches to be used for any proposed habitat enhancement
including, identification as to what extent onsite ponds will be expanded,
measures to define any reconfiguration of existing pond bottoms, measures
to increase the pond depth of any existing ponds, and provision of
appropriate evidence that sufficient water budget exists for any proposed
habitat enhancement.
C. Identify a suitable planting regime for restoring or enhancing wetland and
riparian habitats.
d. Identify success criteria for monitoring both the wetland and riparian
habitats that are consistent with similar habitats regionally.
e. Provide for the monitoring of restored or enhanced wetland habitats for at
least five years and restored or enhanced riparian habitats for five years.
f. Define and identify maintenance and management activities to manage
the open space habitats to meet the stated goals of support habitat
characteristics suitable for the CRLF. This is to include identification of
suitable fencing so as to control access, limited cattle grazing or other
procedures to manage grass height and forage production at levels that
benefit the CRLF, and to provide for removal of trash.
PAGE 21 OF RESOLUTION NO. 28-2014
g. Define and provide for an appropriate financial mechanism, such as a non -
wasting endowment or an assessment district that funds the management
of the open space into perpetuity.
9. The following measures specific to western pond turtles shall be implemented:
a. Pre - construction surveys shall be conducted to ensure that western pond
turtles (VVPT) are absent from the construction area. If WPT are present,
a qualified biologist possessing all necessary permits shall relocate them.
b. Immediately following the pre - construction surveys, the construction zone
shall be cleared, and silt fencing shall be erected and maintained around
construction zones to prevent WPT from moving into these areas.
C. A biological monitor shall be present onsite during particular times of
construction to ensure no WPT are harmed, injured, or killed during
project buildout.
10. The following measures specific to Alameda whipsnake shall be implemented:
a. Pre - construction surveys shall be conducted to ensure that Alameda
whipsnake are absent from the construction area. If Alameda whipsnake
are present, a qualified biologist possessing all necessary permits shall
relocate them.
b. Immediately following the pre - construction surveys, the construction zone
shall be cleared, and silt fencing shall be erected and maintained around
construction zones to prevent Alameda whipsnake from moving into these
areas.
C. A biological monitor shall be present onsite during particular times of
construction to ensure no Alameda whipsnake are harmed, injured, or
killed during project buildout.
11. To the maximum extent practicable, trees planned for removal shall be removed
during the non - breeding season for tree - nesting raptors and other tree- or
ground - nesting migratory birds (i.e., the period from September 1 through
January 31). If it is not feasible to avoid tree removal or other disturbances during
the breeding season (i.e., the period from February 1 through August 31), a
qualified biologist shall conduct a pre- construction survey for tree - nesting raptors
and other tree- or ground - nesting migratory birds in all trees or other areas of
potential nesting habitat within the construction footprint and within 250 feet of
the footprint, if such disturbance would occur during the breeding season. This
survey shall be conducted no more than 14 days prior to the initiation of
demolition /construction activities during the early part of the breeding season
(i.e., the period of February through April) and no more than 30 days prior to the
PAGE 22 OF RESOLUTION NO. 28-2014
initiation of these activities during the late part of the breeding season (i.e., the
period of May through August). If nesting raptors or migratory birds are detected
on the site during the survey, a suitable construction free buffer shall be
established around all active nests. The precise dimension of the buffer (up to 250
feet) shall be determined at that time and may vary depending on location and
species. Buffers shall remain in place for the duration of the breeding season or
until it has been confirmed by a qualified biologist that all chicks have fledged and
are independent of their parents. Pre - construction surveys during the non -
breeding season are not necessary, as the birds are expected to abandon their
roosts during construction activities.
12. In order to avoid impacts on active burrowing owl nests, a qualified biologist shall
conduct pre - construction surveys for burrowing owls within the construction
footprint and within 250 feet of the footprint no more than 30 days prior to the
onset of ground disturbance. These surveys shall be conducted in a manner
consistent with accepted burrowing owl survey protocols. If pre - construction
surveys determine that burrowing owls occupy the site during the non - breeding
season (i.e., the period from September 1 through January 31), then a passive
relocation effort (e.g., blocking burrows with one -way doors and leaving them in
place for a minimum of three days) shall be implemented to ensure that the owls
are not harmed or injured during construction. Once it has been determined that
owls have vacated the site, the burrows can be collapsed, and ground disturbance
can proceed. If burrowing owls are detected within the construction footprint or
immediately adjacent lands (i.e., within 250 feet of the footprint) during the
breeding season (i.e., the period from February 1 through August 31), a
construction -free buffer of 250 feet shall be established around all active owl nests.
The buffer area shall be enclosed with temporary fencing, and construction
equipment and workers shall not enter the enclosed setback areas. Buffers shall
remain in place for the duration of the breeding season or until it has been
confirmed by a qualified biologist that all chicks have fledged and are independent
of their parents. After the breeding season, passive relocation of any remaining
ozols may take place as described above.
13. Pre - construction surveys conducted for burrowing owls shall also be used to
determine the presence or absence of badgers in the development footprint. If an
active badger den is identified during pre - construction surveys within or
immediately adjacent to the construction envelope, a construction -free buffer of
up to 300 feet (or distance specified by the resource agencies, i.e., the California
Department of Fish and Game) shall be established around the den. Because
badgers are known to use multiple burrows in a breeding burrow complex, a
biological monitor shall be present onsite during construction activities to ensure
the buffer is adequate to avoid direct impact on individuals or den abandonment.
PAGE 23 OF RESOLUTION NO. 28-2014
The monitor shall be present onsite until it is determined that young are of an
independent age and construction activities mould not harm individual badgers.
Once it has been determined that badgers have vacated the site, the burrows can
be collapsed or excavated, and ground disturbance can proceed.
14. The project applicant shall implement avoidance, minimization, and /or
compensation measures to reduce impacts on jurisdictional waters and riparian
habitats to a less than significant level.
Avoidance The preferred method of mitigation is the avoidance of all waters of the
U.S. and State by designing the project so that it avoids the placement of fill
within potential jurisdictional waters and impacts on riparian habitat.
The proposed project has been designed to avoid all but approximately 288 linear
feet, totaling a land area of 0.03 +/- acres, of upland seasonal channels and
associated riparian vegetation. Riparian woodland habitat associated with higher
order drainages on the site will be avoided by the proposed project as designed.
Additionally, to avoid the site's steeper slopes, the proposed project has been
confined to the flatter area at the east end of the site, which will require some fill of
ephemeral drainages located in the construction area.
Minimization Because full avoidance is not possible, actions shall be taken to
minimize impacts on aquatic and riparian habitats. Measures taken during
construction activities shall include placing construction fencing around the
aquatic features or riparian areas to be preserved to ensure that construction
activities do not inadvertently impact these areas.
As part of project build -out, all proposed lighting shall be designed to avoid light
and glare impacts on the riparian corridors to be avoided. Light sources shall not
be visible from riparian areas and shall not illuminate riparian areas or cause
glare on the opposite side of the channels (e.g., to neighboring properties).
Additionally, proposed development activities shall be designed and situated to
avoid the loss of trees within any riparian areas to the maximum extent
practicable.
Mitigation Because impacts to the ephemeral drainages at the east end of the site
cannot be avoided, an onsite habitat mitigation and monitoring plan shall be
developed to mitigate for impacts on these features. It is expected that all
mitigation measures can be accommodated within the approximately 100 acres of
the site that are proposed for preservation as open space. If the preserved area
cannot fully accommodate the mitigation measures, then offsite restoration shall
be implemented.
PAGE 24 OF RESOLUTION NO. 28-2014
Mitigation measures shall either result in the creation of new habitat as
replacement for habitat lost or enhance the quality of existing habitat for native
plants and wildlife. Mitigation measures shall include replacement of riparian
and aquatic habitat at a replacement -to -loss ratio of up to 3:1 for permanent
acreage impacts (e.g., up to three acres created for each acre permanently
impacted) as well as reseeding or replanting of vegetation in temporarily
disturbed areas according to a site- specific mitigation plan. At a minimum, this
plan shall identify mitigation areas, a planting plan, site maintenance activities,
success criteria, and remedial measures to compensate for lack of success.
The mitigation goal shall be to create and enhance riparian or aquatic habitats
with habitat functions and values greater than or equal to those existing in the
impact zone. This could include enhancing the wetland ponds and associated
seasonal drainage and tributaries to increase their wetland and riparian value,
Which would benefit native wildlife in the region, such as CRLF.
A detailed monitoring plan, including specific success criteria, shall be developed
and submitted to permitting agencies during the permit process. The mitigation
area shall be monitored in accordance with the plan approved by those permitting
agencies. The basic components of the monitoring plan shall consist of final
success criteria, performance criteria, monitoring methods, data analysis, as -built
plans, monitoring schedule, contingency /remedial measures, and reporting
requirements.
15. A Habitat Mitigation and Monitoring Plan shall be prepared that at a minimum:
a. Defines the location of all restoration /creation activities;
b. Provides evidence of suitable water availability (e.g., from precipitation
and surface runofJ) to support any created wetland and riparian habitats,
C. Identifies the species, amount and location of plants to be installed;
d. Identifies time of year for planting and method for supplemental watering
during the establishment period,
e. Identifies the monitoring period which shall be not less than five years for
wetland restoration and not less than five years for riparian restoration,
defines success criteria that shall be required for the wetland restoration to
be deemed a success;
f. Identifies adaptive management procedures that accommodate the
uncertainty that comes with restoration projects. These include, but shall
not be limited to, measures to address colonization by invasive species,
unexpected lack of water, excessive foraging of installed wetland plants by
native wildlife, etc.;
PAGE 25 OF RESOLUTION NCB. 28 -20114
g. Defines management and maintenance activities (e.g., weeding of
invasive, providing for supplemental water, repair of water delivery
systems, etc.); and,
h. Provides for surety in funding the monitoring and ensuring that the
created wetland and riparian habitats fall within lands to be preserved and
managed into perpetuity.
16. The project applicant shall comply with all state and federal regulations related to
construction work that would impact aquatic habitats occurring on the site. The
project applicant shall be required to obtain a Section 404 Clean Water Act permit
from the USACE, Section 401 Water Quality Certification from the RWQCS,
and Section 1600 Streambed Alteration Agreement from the CDFW prior to
initiating any construction within these habitats. A qualified biologist shall be
present onsite during the filling of features considered jurisdictional by these
agencies.
17. To compensate for the proposed removal of 24 trees, the project applicant shall
assure the implementation of the following measures:
a. The project applicant's Consulting Arborist shall calculate the total inches
of diameter of Town- protected trees to be removed, as of the date of the
grading permit application (i.e., the "Total Inches "), and submit that
calculation to the Planning Division. The project applicant shall be
required to replace the 14 Town- protected trees to be removed with a
number and size of oak trees equal to the total inches of the diameter of the
trees to be removed. The required tree mitigation planting shall be in
addition to the street trees otherwise required to be planted as part of the
project's landscape plan.
b. It is currently estimated that all mitigation oak trees can be accommodated
onsite. These trees shall be 24 -inch box size trees, which shall receive a
credit of two- inches per tree toward the total mitigation planting
requirement.
C. Tree Preservation Ordinance Section 32.79.9(h) sets forth requirements
for preservation of Town "Protected" trees on the project site that would
not be removed for the project, but might be affected by the construction
process. The ordinance requires payment of security to the extent that the
project sponsor proposes construction work that would occur within the
dripline of a protected tree intended to be preserved. The current
calculated value of these trees is $200,950.
PAGE 26 UL RESOLUTION NCB. 28 -2014
18. The following recommendations shall be observed /implemented to help reduce
impacts to trees from development and to maintain and improve their health and
vitality through the clearing, grading and construction phases of the project.
a. Any changes to the plans affecting the trees shall be reviewed by the
Consulting Arborist with regard to tree impacts. These include, but are
not limited to, demolition plans, site plans, improvement plans, utility
and drainage plans, grading plans, and landscape and irrigation plans.
b. Have the vertical and horizontal locations of the 24 trees, as identified in
the Arborist Report, Podva Property, Danville, CA, prepared by
HortScience on October 14, 2013, established and plotted on all plans.
Once trunk locations are plotted on plans and reviewed by the Consulting
Arborist, impacts on individual trees can be assessed and tree protection
zones for those trees identified for preservation can be established.
C. A tree protection zone shall be established around each tree to be
preserved. No grading, excavation, construction or storage of materials
shall occur within that zone. However, up to 12 inches of fill may be
placed around the trunks of trees. Trees not listed below shall have the tree
protection zones established as one foot behind the edge of grading. The
tree protection zones for all other trees are as follows:
Number
143
Species
Valley Oak
Diameter
21
Zone
Dripline in all directions
144
Valley Oak
47
Dripline in all directions
171
Valley Oak
36
Dripline in all directions
172
Valley Oak
7
Dripline in all directions
176
Valley Oak
15
Dripline in all directions
179
Valley Oak
18
Dripline in all directions
185
Valley Oak
44
Dripline in all directions
186
Coast Live Oak
14
Dripline in all directions
187
Valley Oak
20
Dripline in all directions
188
Valley Oak
21
Dripline in all directi
192
Valley Oak
56
35' SW, 20' W, dripline in all other
directions
d. Underground services including utilities, sub - drains, water or sewer shall
be routed around tree protection zones. Where encroachment cannot be
PAGE 27 Or RESOLUTION NCB. 28 -2014
avoided, special construction techniques, such as hand digging or
tunneling under roots, shall be employed inhere necessary to minimize
root injury.
e. Tree Preservation Notes, prepared by the Consulting Arborist, shall be
included on all plans.
f. Irrigation systems shall be designed so that no trenching would occur
within the tree protection zone.
g. Any herbicides placed under paving materials must be safe for use around
trees and labeled for that use.
h. Do not lime within 50' of any tree to be preserved. Lime is toxic to tree
roots.
19. The demolition contractor and construction superintendent shall meet with the
Consulting Arborist before beginning work to discuss work procedures and tree
protection.
20. The applicant shall be responsible for the installation of tree protection measures
around the trunk of trees along the property line of Lots 1, 2, 3, 19, 20 and Parcel
A. Tree protection measures shall consist of either hay bales stacked 6-foot high or
rolls of erosion control material wrapped around the tree trunks. For all other
trees, the applicant shall provide for the installation of fencing to enclose the tree
protection zone prior to demolition, grubbing or grading. Fences shall be 6-foot
chain link or equivalent as approved by the Town. Tree protection items that are
utilized shall remain in place until all grading and construction is completed.
21. The applicant shall be responsible for the location and staking of the property line
as well as the proposed location of both the V -ditch and retaining wall prior to the
start of demolition. Following staking, the Consulting Arborist will review tree
protection and construction procedures with the project superintendent.
22. The applicant shall be responsible for the removal of the existing wire fencing by
hand and shall remove any attachments to tree trunks by hand.
23. Tree pruning may be required to clean the crown and to provide construction
clearance. All pruning shall be done by a State of California Licensed Tree
Contractor (C61/D49). All pruning shall be done by Certified Arborist or
Certified Tree Worker in accordance with the Best Management Practices for
Pruning (International Society of Arboriculture, 2002) and adhere to the most
IMAGE 28 OF RESOLUTION NO. 28-2014
recent editions of the American National Standard for Tree Care Operations
(Z133.1) and Pruning (A300). Brush shall be chipped and spread beneath the
trees within the tree protection zone.
24. Structures and underground features to be removed within the tree protection
zone shall use the smallest equipment, and operate from outside the tree
protection zone. The Consulting Arborist shall be onsite during all operations
within the tree protection zone to monitor demolition activity.
25. Prior to beginning work, all contractors working in the vicinity of trees to be
preserved shall meet with the Consulting Arborist at the site to review all work
procedures, access routes, storage areas and tree protection measures.
26. Where the retaining wall or V -ditch comes within 3' of the trunk, the applicant
shall provide for hand excavation for a distance of 5' on either side of the trunk.
27. Any grading, construction, demolition or other work that is expected to encounter
tree roots shall be monitored by the Consulting Arborist.
28. No grading, construction, or demolition shall occur within the tree protection
zone. Up to 12 inches of fill may be placed around the trunks of the trees. Any
modifications must be approved and monitored by the Consulting Arborist.
29. Fences shall be erected to protect trees to be preserved. Fences define a specific tree
protection zone for each tree or group of trees. Fences shall remain until all site
work has been completed. Fences may not be relocated or removed without
permission of the Consulting Arborist.
30. Construction trailers, traffic and storage areas shall remain outside fenced areas
at all times.
31. Prior to grading, pad preparation, excavation for foundations /footings /walls,
trenching, trees may require root pruning outside the tree protection zone by
cutting all roots cleanly to the depth of the excavation. Roots shall be cut by
manually digging a trench and cutting exposed roots with a saw, vibrating knife,
rock saw, or other approved root pruning equipment. The Consulting Arborist
shall identify where root pruning is required and monitor all root pruning.
32. All underground utilities, drain lines, or irrigation lines shall be routed outside
the tree protection zone. If lines must traverse through the protection area, they
shall be tunneled or bored under the tree as directed by the Consulting Arborist.
IMAGE 29 OF RESOLUTION NO. 28-2014
33. Supplemental irrigation for trees affected by project construction may be required,
u7ith such irrigation to be provided as may be specified by the Consulting
Arborist.
34. If injury should occur to any.tree not slated for removal during construction, the
injured tree shall be evaluated as soon as feasible by the Consulting Arborist so
that appropriate treatment(s) can be applied.
35. No excess soil, chemicals, debris, equipment or other materials shall be dumped or
stored within the tree protection zones.
36. Any additional tree pruning needed for clearance during construction shall be
performed by a Certified Arborist and not by construction personnel.
37. Preserved trees will experience a physical environment different from that of pre -
development. As a result, tree health and structural stability shall be monitored.
Occasional pruning, fertilization, mulch, pest management, replanting and
irrigation may be required and shall be provided as may be directed by the
Consulting Arborist. In addition, provisions for monitoring both tree health and
structural stability follou4ng construction shall be made a priority. As trees age,
the likelihood of failure of branches or entire trees increase. Therefore, annual
inspection for hazard potential shall be conducted.
F. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowners' associations of
nearby residential projects and to the Danville Development Services
Department, a notice that construction work will commence. The notice
shall include a list of contact persons with name, title, phone number and
area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
* 3. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report
PAGE 30 OF RESOLUTION NO. 28 -2014
shall be submitted for review and approval by the City Engineer. It shall
be accompanied by an engineering and geological opinion as to the safety
of the site from settlement and seismic activity.
* 4. All new development shall be consistent with modern design for
resistance to seismic forces. All new development shall be in accordance
with the Uniform Building Code and of the Danville Municipal Code.
* 5. All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
* 6. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 7. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and /or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
8. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
9. Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all project retaining walls greater than three
feet in height and all other retaining walls determined to need to be
reviewed through the building permit review process that are proposed to
be installed in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. The plans shall also depict which retaining walls Will be
maintained by the GHAD, homeowners' association, or other instrument
found to be acceptable by the Town. Final wall design shall be subject to
review and approval by the Planning Division prior to issuance of grading
permits.
10. A design -level geotechnical engineering investigation shall be performed prior to
the issuance of grading permits for all future development within the project site.
The design and construction of project - related development shall incorporate the
recommendations of the design -level geotechnical engineering investigation.
PAGE 31 OF RESOLUTION NO. 28-2014
11. A qualified Environmental Professional shall be present during the removal of
onsite debris located in the southeastern portion of the project site near the steel
outbuilding. If stained soil is present beneath any debris, soil samples shall be
collected from the stained soil and analyzed. The debris shall be removed and,
based on the results sample analyses, disposed of in accordance with regulatory
requirements.
12. Prior to grading and other construction activities, construction personnel shall be
trained to recognize indications of Underground Storage Tanks (USTs), buried
debris, and other potential adverse environmental condition which may be
discovered on the property. If unknown wastes or suspect materials are discovered
during construction by the contractor that are believed to involve hazardous
waste or materials, the contractor shall comply with the following:
a. Immediately stop work in the vicinity of the suspected contaminant,
removing workers and the public from the area.
b. Notify the Town Engineer.
C. Secure the areas as directed by the Town Engineer.
d. Notify the Contra Costa County Health Services - Hazardous Materials
Programs (CCHS -HMP) Coordinator.
13. Prior to grading permit approval, the project applicant shall submit an Open
Space Management Plan to the San Ramon Valley Fire Protection District and
the City Engineer for review and approval. The Open Space Management Plan
shall incorporate all applicable San Ramon Fire Protection District conditions of
approval related to access, roadway widths, turning radii, fire flow requirements,
fire hydrant locations, and other requirements to assure access to open space for
fire protection personnel and for fuel modification and maintenance in perpetuity.
G. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
commencing any construction activities within any public right -of -way or
easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
PAGE 32 OF RESOLUTION NO. 28-2014
* 3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
* 5. All improvements within the public right -of -way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up -to -date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. Public streets shall be improved to the standards in Condition of
Approval G.5. above. Private streets shall be improved to public street
structural standards. Private street improvements, and their dimensions,
shall be as shown on the project plans identified in Condition of Approval
A.1. above and shall conform to Standard Plan 104 a & b.
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
* 9. Prior to the approval of the Improvement Plans, Transportation Division
shall review and approve the location, type and design of the speed
control device, as well as, the locations and number of signage and
striping.
10. The proposed guardrail along the street side of the 6' headwall located
just north of Lot 14 shall be designed in accordance with the California
Building Code §1013 Guards and 1607.7.3 Vehicle Barrier Systems.
PAGE 33 GE RESOLUTION NO. 28-2014
11. The applicant shall provide for the installation of R14 Stop signs and
appropriate pavement legends and markings at the eastbound and
northbound approaches to the Midland Way / Westridge Avenue
intersection, as determined appropriate by the Engineering and
Transportation Divisions.
12. The applicant shall be required to install a W53(CA) Not a Through Street
sign at the westbound approach, as determined appropriate by the
Engineering and Transportation Divisions.
H. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
* 3. Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer and/or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District.
* 4. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 5. Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
* 6. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 7. The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and /or easements for the
construction of off -site temporary or permanent road and drainage
improvements.
PAGE 34 OF RESOLUTION NO. 28-2014
* 8. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
Join utility poles shall not be used.
* 9. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
a. Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights.
* 10. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the revised final
Development Plan review process.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town,
has easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78 -85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
* 3. Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify and hold
harmless the Town of Danville and its agents, officers and employees
WAGE, 35 OF RESOLUTION NO. 28 -2014
from any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void, or annul, the Town's
approval concerning this application, which action is brought within the
time period provided for in Section 66499.37. The Town will promptly
notify the applicant of any such claim, action or proceeding and cooperate
fully in the defense.
* 4. The project homeowners' association (HOA), Geologic Hazard Abatement
District (CHAD), or similar instrument found to be acceptable by the
Town, shall be responsible for maintenance of all common landscape
areas and common fencing. If an HOA is formed, draft project CC &Rs
shall be submitted to the Planning Division and City Attorney for review
and approval a minimum of 45 days prior to recordation of the final map.
An HOA shall be required to be formed for the project unless the
developer can show, to the satisfaction of the Town, that the duties
typically handled by the HOA can be adequately handled by the GHAD
or other similar instrument. In determining the adequacy of the GHAD or
other similar instrument, emphasis shall be placed on the need to provide
for a local and accessible representative that residents of the neighborhood
can readily contact in the event that maintenance issues arise.
5. A Geologic Hazard Abatement District (GHAD) shall be established or the
project shall annex into an existing GHAD. The GHAD shall finance the
prevention, mitigation, abatement, or control or any current or future geologic
hazard that threatens improvements on the property. Said GHAD shall be
established according to Public Resources Code §26500 et seq. The approximately
99 acres of permanent open space created as part of this project shall be
maintained by the GHAD. The GHAD shall be responsible for maintenance and
upkeep of the detention basin and other stormwater pollution control and
hydromodification facility constructed as part of the project.
6. The project is in the San Ramon Creek watershed. The project shall
mitigate the impact of additional stormwater runoff draining to San
Ramon Creek by either of the following methods:
a. Remove 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek for each 50 square feet of
new impervious surface area created by the development. All
excavated material shall be disposed of off -site by the applicant at
his own cost. The site selection, land rights, and construction
staking will be performed by the FC District.
PAGE 36 OF RESOLUTION NO. 28-2014
OR, upon written request by the applicant:
b. Provide for a cash payment in lieu of actual excavation and
removal of material from the inadequate portion of San Ramon
Creek. The cash payment will be calculated at a rate of $0.10 per
square foot of new impervious surface area created by the
development. The added impervious surface area created by the
development will be based on the FC District's standard
impervious surface area ordinance. The FC District will use these
funds to work on San Ramon Creek annually.
7. The applicant shall submit a final stormwater control plan for review and
approval by the Town prior to recordation of the final map.
8. Prior to recordation of the final map, the project applicant shall prepare and
submit a detailed Operation and Maintenance Agreement to the Development
and Services Department for revieu) and approval. The Operation and
Maintenance Agreement shall identify the maintenance and funding for proposed
storm u7ater management features at the project site (i.e., bio- retention facility,
storm mater detention basin). All features shall be maintained and funded by the
local homeowners' association (HOA)' GHAD, or other instrument determined to
be acceptable to the Town. The maintenance protocols shall address both routine
and non- routine maintenance activities and shall explicitly identify monitoring
and reporting requirements. These protocols shall include an estimate of annual
monitoring and maintenance costs.
* 9. Use of a private gated entrance is expressly prohibited.
* 10. As a part of the issuance of a demolition permit and /or building permit
for the project, the applicant shall submit a recycling plan for building and
construction materials and the disposal of green waste generated from
land clearing on the site. Prior to obtaining framing inspection approval
for the project, the applicant /owner shall provide the Planning Division
with written documentation (e.g., receipts or records) indicating that
waste materials created from the demolition of existing buildings and the
construction of new buildings were /are being recycled according to their
recycling plan or in an equivalent manner.
* 12. The project shall conform to the Regional Water Quality Control Board
post- construction C.3 regulations which shall be designed and engineered
PAGE 37 OF RESOLUTION NO. 28-2014
to integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
a. Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in
the approved plan. The permit application shall include a
completed Construction Plan C.3 Checklist as described in the
Town's Stormwter C.3 Guidebook.
b. As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including
structural, mechanical, architectural, grading, drainage, site,
landscape, and other drawings) shall show the details and methods
of construction for site design features, measures to limit directly
connected impervious area, pervious pavements, self - retaining
areas, treatment (Best Management Practices) BMPs, permanent
source control BMPs, and other features that control stormwater
flow and potential stormwater pollutants.
C. Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall execute any agreements identified
in the Stormwater Control Plan which pertain to the transfer of
ownership and /or long -term maintenance of stormwater treatment
or hydrograph modification BMPs.
d. Prior to building permit final and issuance of a Certificate of
Occupancy, the applicant shall submit, for the Town's review and
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines. Guidelines for
the preparation of Stormwater BMP Operation and Maintenance
Plans are in Appendix F of the Town's Stormzater C.3 Guidebook.
13. The project shall conform to the Town's Inclusionary Housing for
Affordable Residential Housing Ordinance. The applicant shall assure the
provision of at least two below market rate for -rent second units, as
defined by the Ordinance. If rented, these second units shall be rented at
an affordable rate, as set by the California Department of Housing and
Community Development, being rented at a rent rate making them
WAGE 38 OF RESOLUTION NO. 28-2014
affordable to low income households. The development of the units and
the provisions providing for tenant occupancy of the units shall be subject
to an affordable housing agreement, which shall be subject to review and
approval by the Town Council prior to recordation of the final map for the
project. In addition, a deed restriction shall be recorded with the Contra
Costa County Recorder in accordance with the Town's Second Dwelling
Unit Ordinance precluding concurrent use of the second units and the
respective primary residence as rental units. This condition does not
preclude future property owners in this subdivision from building
additional second dwelling units in compliance with the Town's Second
Dwelling Unit Ordinance and State Law.
APPROVED by the Danville Town Council at a regular meeting on April 1, 2014, by the
following vote:
AYES: Arnerich, Doyle, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None _
MAYOR
APPROVED AS TO FORM: ATTEST
CITY ATTORNEY
PAGE 39 OF RESOLUTION NO. 28-2014